Manoharan @ Vavachi vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the accused in Crime No.128/2022 of Nooranadu Excise Range, alleging commission of offences punishable under Sections 8(1) (2) and 55(g) of Kerala Abkari Act.

The prosecution allegation is that on 07.12.2022 at 2.45 am, the accused was found in possession of 320 litres of wash, 50 litres of spent wash, 17.45 litres of wash and utensils for illicit distillation in his house named Saranya Bhavanam and thereby the accused has committed the aforesaid offences.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime and he was arrested on 07.12.2022 and is in custody since then. The learned counsel further submitted that further detention of the petitioner is not required for the purpose of the investigation.

The learned Public Prosecutor opposed the application for bail mainly contending that large quantity of alleged contraband was seized from the possession of the petitioner and submitted that the petitioner is involved in six other cases. The learned counsel for the petitioner submitted that the petitioner was either acquitted in these cases have been disposed on imposing fine on the petitioner.

Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 07.12.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner but taking into consideration the seriousness of the allegation the same shall only be on stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.128/2022 of Nooranadu Excise Range, on every Saturday at 11 am, until filing of the final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.128/2022 of Nooranadu Excise Range,

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.128/2022 of Nooranadu Excise Range, may file an application before the jurisdictional court, for cancellation of bail.